Bill 'A Giant Step Forward' for Abuse Victims, Justice Minister Says

By Kevin Dougherty
Montreal Gazette
May 21, 2013

http://www.montrealgazette.com/news/Bill+giant+step+forward+abuse+victims+justice+minister/8415989/story.html

Justice Minister Bertrand St-Arnaud says Bill 22 is a “giant step forward” because it would extend Quebec’s statute of limitations on civil suits against criminals to 30 years in cases of sexual abuse and 10 years for other crimes.

QUEBEC — Justice Minister Bertrand St-Arnaud says he is sensitive to the arguments of victims of sexual abuse at the hands of priests and others in a position of authority that call for an end to time limits on civil lawsuits.

But St-Arnaud said Bill 22, set for adoption by the Quebec National Assembly this week, is nevertheless a “giant step forward” because it would extend Quebec’s statute of limitations on civil suits against criminals to 30 years in cases of sexual abuse and 10 years for other crimes.

At present, a crime victim must file suit within three years after a crime is committed or from the time the victim becomes aware of the impact of the crime. Arsenault said it may take years for victims to realize there is a link between their destructive behaviour and past abuse.

Bill 22’s changes mean cases dating back 27 years, that could not go to court, now may be heard.

Bill 22 is about increasing compensation under Quebec’s Crime Victims Compensation Act.

But during clause-by-clause study, Liberal justice critic Gilles Ouimet suggested extending the statute of limitations, and after deliberation the 30-year limit was agreed on by the three parties studying the bill.

“They think they are being generous at 30 years,” said lawyer Alain Arsenault, representing victims of sexual abuse by priests, adding that “on average” boys abused by priests only go public about the crime “43 years after.”

Arsenault said Quebec and Prince Edward Island are the only two provinces with a statute of limitations on sexual abuse lawsuits.

St-Arnaud said the problem is that Quebec has a civil law system and the limit, called “prescription” in Quebec law, is fundamental.

“Civil law is founded on prescription,” the minister said.

But he is aware of the concerns of victims and wants to find a solution, perhaps dealing with the issue in a National Assembly committee or naming a retired judge to make recommendations.

“I don’t know exactly what we will do,” St-Arnaud said. “It’s not easy to resolve.”

Bill 22 will increase to two years from one year the limit for seeking compensation under Quebec’s crime victims’ fund. It increases to $12,000 from $2,000 the amount parents of a victim can claim and raises to $5,000 from $3,000 the allowance for funeral expenses.

Contact: kdougherty@montrealgazette.com